R. v. Cater

R. v. Cater

Plea negotiations in this prosecution are protected by class/public interest privilege and, absent evidence of a concluded plea agreement that was repudiated or other evidence of prosecutorial misconduct, bad faith or improper motive, the privilege cannot be set aside; therefore the defence may not disclose or rely on the negotiations in its Charter stay application and must file a brief with all references to plea negotiations expunged.

Citation
2011 NSPC 75
Parties
Crown: Her Majesty The Queen; Accused: Kyle Cater; Accused: Paul Cater; Accused: Torina Lewis
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
24 October 2011
Procedural Posture
Criminal / Pre Trial (case Management / Preliminary Motions)
Outcome
Court refused to permit disclosure of plea negotiation details; privilege upheld; defence ordered to remove references to plea negotiations and refile brief
Legal Topics
Plea Negotiation Privilege, Public Interest Privilege, Abuse of Process, Stay of Proceedings, Section 7 Charter, Admissibility of Negotiations, Waiver of Privilege
Source Language
English
Criminal Law Criminal Procedure Constitutional Law Evidence Law Prosecutorial Discretion Plea Negotiation Privilege Public Interest Privilege Abuse of Process +4 more

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Parties

Her Majesty The Queen

Crown

Kyle Cater

Accused

Paul Cater

Accused

Torina Lewis

Accused

Procedural Posture

Criminal / Pre Trial (case Management / Preliminary Motions)

Legal Issues

  1. 1 Whether plea negotiations are subject to a class/public interest privilege
  2. 2 Whether accused may use plea negotiation details to support a Charter stay application for abuse of process
  3. 3 Whether privilege can be set aside absent evidence of prosecutorial misconduct, bad faith or repudiation of a concluded plea agreement

Ratio Decidendi

Plea negotiations in this prosecution are protected by class/public interest privilege and, absent evidence of a concluded plea agreement that was repudiated or other evidence of prosecutorial misconduct, bad faith or improper motive, the privilege cannot be set aside; therefore the defence may not disclose or rely on the negotiations in its Charter stay application and must file a brief with all references to plea negotiations expunged.

Court Disposition

Court refused to permit disclosure of plea negotiation details; privilege upheld; defence ordered to remove references to plea negotiations and refile brief

Orders

  • Defence counsel Elizabeth Cooper must file a new brief with all references to plea negotiations expunged
  • The new brief must first be provided to Crown counsel and counsel for Paul Cater and Torina Lewis before being forwarded to the court so parties can confirm the privilege issue has been addressed